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Being sued for credit card debt? What to do (2026)

Getting served with a debt lawsuit or summons is frightening, and the deadline on that paper can feel like a countdown. Take a breath: you have real options, but they depend on acting before the clock runs out.

DW
By Dana Whitfield — Personal finance writer

A lawsuit doesn't mean you've lost. It means you have a window to respond, and what you do in that window matters more than almost anything else. Below are the steps in the order they usually count — starting with the mistake that sinks most people. This page is informational, not legal advice.

Don't ignore the summons

The number one reason people lose these cases is simple: they do nothing. If you ignore the summons, the court can enter a default judgment — the creditor wins automatically, without ever proving you owe the money or how much. A judgment is far harder to undo than a lawsuit is to answer, and it can open the door to wage garnishment, a bank levy, or a lien. Even if the debt is genuinely yours, showing up preserves every option below. The Consumer Financial Protection Bureau (CFPB) is direct about this: respond by your deadline.

Respond by the deadline (file an answer)

Your summons states a deadline to file a written answer with the court — commonly 20 to 30 days, but it varies by state and court. The answer is where you respond to each claim and raise any defenses (you don't admit anything by filing it). Many courts publish self-help forms and instructions. If the deadline is close, contact the court clerk or a legal-aid office immediately — and keep proof of what you filed.

Verify the debt is yours and within the statute of limitations

Don't assume the lawsuit is accurate. Check that the amount is right, that the plaintiff actually owns the debt (old credit card debts are often sold to debt buyers), and that you were properly served. Then check the statute of limitations — the time limit a creditor has to sue. It varies by state and is often three to six years. If the debt is time-barred, that can be a complete defense, but you generally must raise it in your answer. The Federal Trade Commission (FTC) notes that even partial payment can sometimes restart the clock, so confirm the facts before acting.

Options: settle, payment plan, or defend

Once you've answered, you typically have three paths. Settle: many creditors accept a reduced lump sum or structured payoff rather than litigate, and settlement is possible before — and sometimes after — judgment. Payment plan: you may negotiate affordable installments. Defend: if the debt isn't yours, is time-barred, or the plaintiff can't prove ownership, you may beat the case. For unsecured balances of about $7,500 or more, a debt settlement program can negotiate on your behalf — fees typically run 15–25% only as debts settle, with no upfront fees. Settlement isn't guaranteed, can hurt your credit, applies only to unsecured debt, and forgiven amounts over $600 may be reported to the IRS on a 1099-C. Always get terms in writing.

When to get a lawyer or legal aid

If the amount is large, the case is complex, or you suspect a defense, talk to a professional. Many people qualify for free help through a local legal aid office, and some consumer attorneys offer low-cost consultations. A lawyer can catch improper service, the wrong plaintiff, or a time-barred debt — and can negotiate from a stronger position. Whatever you decide, reach out before your answer deadline; the earlier you act, the more options stay open.

Is debt relief the right move for your situation?

Debt relief isn't right for everyone, and it has real trade-offs (it can affect your credit and may have tax consequences). Here's an honest read before you talk to anyone.

It may be worth a look if…

  • You have $7,500 or more in unsecured debt (credit cards, personal loans, medical bills, collections).
  • You're struggling to keep up with minimum payments — not just looking to consolidate.
  • You can set aside a monthly amount into a dedicated savings account for settlements.

It's probably not the fit if…

  • Your debt is mostly secured (mortgage, auto) or federal student loans — these don't qualify.
  • You can comfortably pay your balances off within a normal payoff window.
  • You live in a state a given provider can't serve (e.g. NDR isn't available in CT, OR, VT, WV).

Excluded states for our main partner: CT, OR, VT, WV. We surface other vetted options where it can't serve you.

See if you can settle the debt before judgment

Free estimate on the provider's own site — no obligation.

Unsecured debt ≥ $7,500 · not available in CT/OR/VT/WV
See if you qualify →

Frequently asked questions

What happens if I ignore a debt lawsuit?

Ignoring it is the single most damaging move. If you don't file a written answer by your deadline, the court will likely enter a default judgment against you — the creditor wins automatically without proving its case. A judgment can lead to wage garnishment, a bank levy, or a lien, depending on your state. Even if you think you owe the debt, responding preserves your options. The CFPB urges anyone served to respond by the deadline rather than wait.

Can I settle a credit card debt after being sued?

Often yes. Many creditors and collection law firms prefer a negotiated payoff over a long court fight, and settlements can happen right up to (and sometimes after) a judgment. You may settle a lump sum or a payment plan yourself, or use a debt settlement program for unsecured balances of about $7,500 or more. Settlement is not guaranteed, can hurt your credit, and forgiven amounts over $600 may be reported to the IRS on a 1099-C. Get any agreement in writing before you pay.

Can they garnish my wages for credit card debt?

Only after they sue and win a judgment — credit card issuers can't garnish wages administratively. Once there's a judgment, federal law (the Consumer Credit Protection Act) generally caps ordinary garnishment at 25% of disposable earnings, and several states limit or bar wage garnishment further. Responding to the lawsuit and exploring settlement before judgment is how most people avoid garnishment entirely.

Should I get a lawyer if I'm sued for credit card debt?

It can be worth it, and it may cost less than you expect. Many people qualify for free help through a local legal aid office, and some consumer attorneys offer low-cost consultations. A lawyer can spot defenses — improper service, the wrong plaintiff, a debt past the statute of limitations, or missing proof of ownership. At minimum, contact legal aid before your answer deadline. This page is informational and is not legal advice.